Narrative Opinion Summary
The appeal filed by David Meyer, M.D. against National Union Fire Insurance Company of Pittsburgh, Pennsylvania, was dismissed by the Fourteenth Court of Appeals on June 3, 2010. The judgment under appeal was signed on June 30, 2009, with the clerk's record submitted on February 23, 2010. David Meyer failed to file a brief in support of his appeal. The court issued an order on April 8, 2010, requiring the appellant to submit a brief and a motion explaining the delay by May 10, 2010, or face dismissal for want of prosecution, as per Texas Rule of Appellate Procedure 42.3(b). Meyer did not respond to this order, resulting in the dismissal of the appeal for lack of prosecution. The panel included Justices Anderson, Frost, and Seymore.
Legal Issues Addressed
Dismissal for Want of Prosecution under Texas Rule of Appellate Procedure 42.3(b)subscribe to see similar legal issues
Application: The appellant's failure to file a brief and respond to the court's order resulted in the dismissal of the appeal for lack of prosecution.
Reasoning: Meyer did not respond to this order, resulting in the dismissal of the appeal for lack of prosecution.
Procedural Requirements for Filing Appealssubscribe to see similar legal issues
Application: The appellant, David Meyer, M.D., did not meet the procedural requirement of filing a brief in support of his appeal, leading to a court order and eventual dismissal.
Reasoning: David Meyer failed to file a brief in support of his appeal. The court issued an order on April 8, 2010, requiring the appellant to submit a brief and a motion explaining the delay by May 10, 2010, or face dismissal for want of prosecution.